Ludwigs v. Payson Mfg. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Suit in equity by the Payson Manufacturing Company against William A. Ludwigs. From the decree, both parties appeal. Payson Company, an Illinois corporation, is the owner of patent No. 623,620, issued on April 25, 1899, to Joseph R. Payson, for a sash-lock.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Suit in equity by the Payson Manufacturing Company against William A. Ludwigs. From the decree, both parties appeal. Payson Company, an Illinois corporation, is the owner of patent No. 623,620, issued on April 25, 1899, to Joseph R. Payson, for a sash-lock. “Incidentally,” the patent states, “the invention aims to cheapen the manufacture, and bring the lock into compact and ornamental shape or form.” Payson Company has built up a large trade in this…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] 1. Patents that show locking levers operable in a horizontal plane need not be reviewed, for if the Thompson British patent, No. 2060 of 1876, with a lever moving in a vertical plane, as does Payson’s lever, neither anticipates the Payson combination nor teaches the mechanic how to modify and reconstruct the Thompson into the Payson device, certainly those others do not.
Thompson’s figures 1 and 2 are here reproduced:
•Wjpsi. Fif.-S.
Construction and intended operation are thus described in the specification :
“I form the fastener in two parts, one of which…
2Cases cited14 opinions
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
- Topliff v. TopliffSupreme Court of the United States · 1892
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
- Globe-Wernicke Co. v. Fred Macey Co.Court of Appeals for the Sixth Circuit · 1902
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3Cited by13 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Detroit Showcase Co. v. Kawneer Mfg. Co.Court of Appeals for the Sixth Circuit · 1918
- Mallinson v. RyanDistrict Court, S.D. New York · 1917
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- Stark v. Stark Bros. Nurseries & Orchards Co.Court of Appeals for the Eighth Circuit · 1919
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